Consumer Law Library
Fair Debt Collection Practices Act (FDCPA)
The FDCPA sets the rules of conduct for debt collectors — and gives you the right to demand proof.
Who it covers
The Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.), Title VIII of the Consumer Credit Protection Act, covers third-party debt collectors — collection agencies, debt buyers and many collection law firms — collecting personal, family or household debts. It generally does not cover original creditors collecting their own debts, though some state laws do. Since 2021, the CFPB’s Regulation F (12 C.F.R. part 1006) adds detailed rules.
Your key rights
- Validation (§ 809): the collector must send a validation notice. If you dispute in writing within 30 days of receiving it, the collector must stop collecting the disputed amount until it mails you verification.
- When and where (§ 805): collectors generally can’t contact you before 8 a.m. or after 9 p.m., at work if they know your employer prohibits it, or directly if they know you have an attorney for the debt.
- Stop contact (§ 805(c)): you can tell a collector in writing to stop contacting you. It may then contact you only to confirm it will stop or to notify you of a specific action.
- No harassment (§ 806): no threats of violence, obscene language, or repeated calls meant to annoy. Regulation F presumes a violation for more than 7 calls in 7 days about a debt, or a call within 7 days of a phone conversation about it.
- No false or misleading statements (§ 807): no misrepresenting the amount or status of a debt, falsely implying you’ll be arrested, or communicating credit information known to be false — including failing to report that a disputed debt is disputed.
- No unfair practices (§ 808): no collecting amounts the agreement or law doesn’t allow.
- Time-barred debts: Regulation F prohibits suing or threatening to sue on debts past the statute of limitations.
Remedies
A collector that violates the FDCPA may be liable for your actual damages, statutory damages of up to $1,000, and attorney’s fees (§ 813). Lawsuits must generally be filed within one year of the violation.
Sources: Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p; Regulation F, 12 C.F.R. part 1006.
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